True And False Jordan Sparked Debate On Celebrity Registration

" Air Jordan "To sue" China Jordan ". On the eve of IPO, there was a sudden litigation dispute. Jordan Sports For a moment, the focus of public opinion, "this Jordan is not the other Jordan" has also made many consumers shout "Shanzhai pit".

And is it the investment or speculation? Jordan case and behind China's huge Shanzhai. trademark How should the group look at it? Can the process tell whether the star's name is being grabbed by the company without compensation? Is there any way to manage such celebrities and free riders? Many problems need to be sorted out.

Consumers say

"Once flickered by Jordan."

Mr. Pan (Shanghai citizens):

I used to go shopping in Jordan's sports store when I bought some sneakers. I thought this brand was at least related to Jordan himself. Either he has his share, or the company he invests in, which has nothing to do with it. The name "Jordan" of course misled me.

But I have no requirement for brands, as long as the colors and styles are good, and shoes are not high-tech products.

Mr. Gao (basketball fan of Beijing):

Born in the 80s of the last century, Jordan loved to play basketball. When I was in school, I had limited financial capacity and bought Jordan sports shoes. At that time, I really thought this was the product of Jordan's endorsement. After buying it, I found it wrong. Its logo is different from that of Nike's Jordan.

Objectively speaking, the quality of Jordan sports shoes is still good, but this name flickers our generation.

Two party debate

"Jordan must be allowed by Jordan."

Kang (Michael Jordan's China attorney):

The legal system of trademark rights in China and abroad is different, in the United States is the first, and in China is the first to register (trademark). Therefore, the lawsuit does not involve any trademark claim, but is a case of name right. That is, Jordan sports can not use Jordan's name; if it is to be used, it must go through his own permission.

Michael Jordan believes that Jordan sports company maliciously is very obvious, including their registration of the names of Jordan children, these are very obvious in the establishment of Michael Jordan and Jordan sports one to one correspondence, is misleading consumers. An enterprise should be honest in doing some business activities. What kind of brand you should tell consumers?

"Jordan" trademark is protected by law.

Jordan Sports:

The company did not deliberately use the name of Michael Jordan (Michael Jordan). Jordan sports has exclusive rights to the registered trademarks such as Jordan, and is protected by our law.

Since June 2000, the company has started to use the Chinese "Jordan" as the company's trade name, using Chinese "Jordan" and graphics as registered trademarks, and Jordan sports has registered more than 100 defensive trademarks which have not been used.

Since the establishment of the company until February 22, 2012, Michael Jordan has never submitted any objection or contact with his company about his name and the Chinese "Jordan" registered trademark. Jordan sports has always been paying attention to various occasions and has no direct relationship with Michael Jordan. {page_break}

Lawyer's statement

"Expect the new trademark law to plug loopholes"

Liao Fei (partner of Jin Du law firm):

The principles of trademark registration in the world can be roughly divided into two categories: who will enjoy the right to use the Euramerican legal system and who will apply first in the continental law system. Therefore, many enterprises and individuals in China have taken advantage of foreign brands and celebrities to enter the Chinese market or do not enter the Chinese market when they are not well-known. Foreign names and celebrities may raise objections later, but they need to give sufficient evidence to prove that the other party has made a malicious rush, or to prove that their trademarks have a higher and prior reputation in China to infer each other's malice.

However, there is a misunderstanding to clarify: Although trademark rights and name rights are two different rights, this does not mean that our law does not protect the right of name involved in the registration of celebrity trademarks. The thirty-one article of the Trademark Law of China refers to the stipulation of "prior rights" that "applying for trademark registration shall not damage the prior rights of others", "prior rights" includes prior name rights, and the general principles of the civil law also explicitly protects the rights of citizens' names.

In addition, the Trademark Law on the "public order" and other provisions, such as tenth items (8), can also be used as the protection of the right of celebrity's name. Advocating malicious registration is contrary to public order and good morals, which is likely to cause adverse social effects. In short, this right is infringed. In theory, our law should give legal relief.

Jordan sports, as he said, has acquired trademark rights in the legal framework, and "trademark rights are protected by law", but this does not mean that they are sealed. Jordan has the right to bring forward the civil lawsuit of "infringement of the right of name" against the trademark right of the other party.

In the past, the international trademark circles have been calling on China to increase trademark protection. China's judicial system, trademark authorities and jurisprudence are more and more concerned about this. China's revised trademark law is expected to improve this piece, more likely to protect the well-known "prior rights" of the rights holders, and intensify the efforts to crack down on similar trademark rush registration and brand name. This is a major trend, and our legal workers have been looking forward to it for a long time.

Industry perspectives

"Making a scratch ball is not a century old shop."

Li Zhiqi (Chairman of future marketing company):

I have been opposed to this kind of edge ball. Any behavior of celebrities and free riding is short-sighted profit seeking behavior. In the short term, a free ride is a good shortcut. But in the long run, it is by no means a matter of great profits and once and for all. Jordan's sports encounter Jordan's legal obstruction is a living example.

We say that the brand marketing of enterprises needs to "borrow the potential", but "borrowing advantage" should be legal and reasonable, such as adapting to the environment, celebrity effect, and introducing technology to innovate, and so on, instead of carrying the risk of infringement.

Although the phenomenon of this rush registration trademark exists all over the world, such as Hisense (micro-blog), Lenovo, these famous brand trademarks have been snatch abroad, but this is not the same as Jordan sports. Gaining more profits after negotiation of foreign trade marks is a hammered business after bargaining. It does not mean to really do substantive business. And Jordan sports this entity should be more careful about the consequences of "Shanzhai".

Anyone who really wants to be a centenary shop and wants to become an evergreen enterprise should start his own way from the beginning, establish unique core values and brand strategy, create value for society through honesty, law-abiding and innovative management, and should not play the "edge ball". Like Jordan sports enterprises, after their own survival period, the leaders of enterprises should have the right brand awareness and make a determined decision to get rid of the worries of being accused of Shanzhai. No matter what the final decision of this case is, the fact has proved that Jordan sports has already paid for his actions because he has not thrown away such a risk.

"Times background makes Jordan sports"

Zhang Qing (Beijing key sports consulting company CEO):

The development of anything has the specific historical conditions at that time. We can not stand today to judge the right and wrong at that time.

In that era, it is difficult for a brand to be born. Our role in the international market is production and manufacture. That is why Jordan sports, 361 degree, etc. many domestic sporting goods enterprises started by subcontracting.

Of course, standing in today, we should take warning and emphasize repeatedly to create, create and create. This creation is not only the creation and innovation of brand, but also the innovation of product development, brand promotion, operation and management.

Comment on Netizens

"We know" Jordan "is a national brand.

Far away from the economy: I have always thought that Jordan sports is a company opened by Jordan in China and a foreign brand. Only today did I know that it turned out to be a "national brand". Jordan came to the door, Jordan sports said: Jordan is a surname, surnamed Jordan many people to go, how do you think that is the basketball superstar? But in sports, mention Jordan, and the icon is a basketball player, who also think of others?

Lawyer Wu Jian: why can't you register the two words of Jordan? And the names of the stars are English, not Chinese characters. Justice is the law, and law is the law. It is strange that stars do not pay attention to intellectual property rights. Hisense "Hisense" has been registered by BOSCH SIEMENS (micro-blog), and "hero" has been snatch in Japan. "Dabao" has been snatch in the US, Britain, Holland and Belgium, and "Red Star" Erguotou has been snatch in the European Union. Why should we make reasonable use of rules? Besides, Jordan is just a name.

Chen Wei Charles: do you think that Jordan is making Jordan a revenge for iPad?